Legal Definitions - vis clandestina

Vis clandestina refers to force that is applied secretly or in a hidden manner, often with the intention of avoiding detection. Historically, this term was particularly associated with actions carried out under the cover of darkness.

• Example 1: Imagine a scenario where a disgruntled former employee, seeking revenge, breaks into their old workplace late at night. They quietly force open a back door, disable security cameras, and then proceed to damage sensitive equipment in a server room. The act of forcing the door and damaging the equipment, done under the cover of night and with deliberate efforts to remain undetected, would be an instance of vis clandestina.

  Explanation: This example illustrates vis clandestina because force (breaking the door, damaging equipment) is applied furtively and secretly, specifically at night, to avoid discovery while achieving a harmful objective.

• Example 2: Consider a historical context where a besieged castle's defenders discover that an enemy group has been secretly tunneling beneath their walls during the night. The enemy's use of tools and explosives to create the tunnel, applying force to the earth and rock in a hidden operation, constitutes vis clandestina, as it's a furtive application of force aimed at weakening the castle's defenses without direct confrontation.

  Explanation: Here, the force (digging, using explosives) is applied in a clandestine manner—underground and at night—to undermine the castle's structure without being openly seen or challenged, fitting the definition of secret or furtive force.

• Example 3: In a dispute over land ownership centuries ago, one party might have secretly removed boundary markers or subtly altered a stream's course during the night to shift the perceived property line in their favor. While not involving direct violence against a person, the physical alteration of the landscape through hidden force, done to gain an advantage and avoid immediate detection, could be considered vis clandestina.

  Explanation: This example demonstrates vis clandestina through the application of force (removing markers, altering a stream) in a hidden and secretive way, typically at night, to change a physical boundary without being observed, thereby achieving a desired outcome through furtive means.